CLD Notes DE Facto IAS PIL

Note: This document deals various aspect of PIL in Contemporary legal development topic. Candidates
need not to study anything else apart from that. Two three cases of last year and this year has been
added. So no need to look for other cases as well.

At the end model answer of Previous year is also provided, please have a look at them as well.

Public Interest Litigation

The very basis to get judicial redress is injury to person, i.e. ubi jus ibi
remedium (Where there is injury there is remedy). However, the fact is that
all injured or affected cannot seek redress in courts in all situations.
Interestingly, to provide remedy to weaker sections of the society-the
downtrodden, the poor, the illiterate, women and other socially and
economically disadvantaged - the Public Interest Litigation (PIL) was
discovered.
The post-emergency period provided an occasion for the judges of the
Supreme Court to openly disregard the impediments of Anglo-Saxon
procedure in providing access to justice to the poor. In the post-emergency
period when the political situations had changed, investigative journalism
also began to expose gory scenes of governmental lawlessness, repression and
custodial violence, thus, drawing attention of lawyers, judges and social
activists. PIL has become necessary to reject laissez faire notions of traditional
jurisprudence.

Nature of PIL

Remedial in Nature: In Public Interest Litigation cases the court can fashion
any relief to the victims. Remedial nature of PIL departs from traditional locus
standi rules.
Representative Standing: The concept of Public Interest Litigation is a
modified version of class action. Earlier, the person injured alone can
approach the court for want of legal remedy against the violation of
fundamental right.
Non-adversarial litigation: PIL is a totally different kind of litigation from the
ordinary traditional litigation, which is essentially of an adversary character
where there is a dispute between two litigating parties, one making claim or
seeking relief against the other and the other opposing such claim or resisting
such relief. Non-adversarial litigation has two aspects. The court has to
manage the collection of facts, data and evidence on its own by appointing
committees.
Epistolary Jurisdiction: For enforcing fundamental human right the
petitioner has to file a petition with all the traditional procedure. In PIL cases,

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the Supreme Court and the High Courts have the flexibility introduced in the
adherence to procedural laws.
New techniques of fact-finding: In most of the cases, the court has
appointed its own socio-legal commissions of inquiry or has deputed its own
official for investigation.

Philosophy
• It is a judicial innovation
• Dilution of principle of locus standi (only a person himself/herself,
being aggrieved, could approach the courts): today a person acting
bonafide and having sufficient interest can move the courts for
redressing public injury, enforcing public duty or for protecting social
and collective rights and interests.
o In the 1984 case of ‘Bandhua Mukti Morcha v. Union of India’,
Justice P. N. Bhagwati stated that if a person was physically or
economically unable to approach the Court, he/she “may move
the Court even by just writing a letter,” because the legal system
would otherwise be inaccessible to some of its citizens.

Constitutional Mandate
• A citizen has the right to approach the Supreme court under Article 32
for the enforcement of their fundamental rights mentioned under Part
III of the Constitution.
• Similar jurisdiction is also conferred to the High courts under Article
226 to issue writs or directions or orders for the enforcement of
fundamental rights.
• So, citizens can file a PIL before the Supreme Court under Article 32 or
before the High Court under Article 226. The aggrieved party need not
appear before the court to enforce the right under Article 32. The court
has the power to suo motu take cognizance in any matter and proceed
with it.
• Under Article 39A the states must ensure that the operation of the legal
system upholds justice and fairness equally to all citizens and the
establishment and working of services that provide free legal aid to
economic and socially backward citizens. Thus, Article 39A also
mandates PIL, which also seeks justice equally for everyone.

PIL as a legal Aid

• First reported case of PIL in 1979 focused on the inhuman conditions of
prisons and under trial prisoners. In Hussainara Khatoon v. State of
Bihar, the PIL was filed by an advocate on the basis of the news item
published in the Indian Express, highlighting the plight of thousands of
undertrial prisoners languishing in various jails in Bihar. These proceeding

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led to the release of more than 40,000 undertrial prisoners. Right to speedy
justice emerged as a basic fundamental right which had been denied to
these prisoners.
• Anil Yadav v. State of Bihar (1981), exposed the brutalities of the Police.
News paper report revealed that about 33 suspected criminals were
blinded by the police in Bihar by putting the acid into their eyes. Through
interim orders Supreme Court directed the State government to bring the
blinded men to Delhi for medical treatment. It also ordered speedy
prosecution of the guilty policemen. The court also read right to free legal
aid as a fundamental right of every accused. Anil Yadav signalled the
growth of social activism and investigative litigation.
• In Citizen for Democracy v. State of Assam, the S. C. declared that the
handcuffs and other fetters shall not be forced upon a prisoner while
lodged in jail or while in transport or transit from one jail to another or to
the court or back.

PIL : Dilution of Separation of Power & Judicial Activism

• Doctrine of separation of power advocates independent judiciary. The logic

behind the doctrine was that legislature will take care of the interest of the
majority of the population and judiciary will protect minority rights and
administration has only to implement the statutes passed by the
legislature.
• Judicial activism is action by the judiciary to realise social justice.
According to Justice P.N. Bhagwati, it is nothing but another form of
constitutionalism which is concerned with substantivisation of social
justice. It tries to free the judiciary from constraints of traditional judicial
processes in the interests of social justice.
• An activist judge activates the legal mechanism and makes it play a vital
role in socio-economic process. Activism on the part of the judiciary
furthers the cause of social change. In contrast to the traditional concept
of judiciary as a mere umpire, it works as an active catalyst in the
constitutional scheme.
• PIL and judicial activism go hand in hand. PIL itself is the result of judicial
activism. Under Article 32, violation of a fundamental right must first be
exhibited before the Supreme Court can directly entertain a PIL matter.
• Loosening of Rules related to appeal in review have led to rise of Public
interest litigation. It have become a tool for court to act as an activist in
multiple issues before them, ordinarily such activism would not have been
possible.

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• The era of judicial activism started by the Goloknath case and the Bank
Nationalization case. It was carried forward by the Privy Purse case
(Madhav Rao Sindhia v. Union of India (AIR 1970 SC 530).

PIL as means to achieve Welfare State[Positive aspect]

• Justice Iyer
o "Whenever fundamental rights are flouted or legislative protection
ignored, to any prisoner’s prejudice, this Court’s writ will run,
breaking through stone walls and iron bars, to right the wrong and
restore the rule of law. "
• The concept of a welfare state has been explained by the Supreme Court
in its judgment in the case of Lala Ram versus Union of India & Anr. (2013).
It contemplates a setup wherein the weaker sections of society are
accorded not just economic, political, and social rights, but also “special
protection measures” for their welfare and upliftment.
• Budhadev Karmaskar versus State of West Bengal & Ors. (2022)
Supreme Court issued directions in the exercise of its extraordinary
powers under Article 142 of the Constitution so as to ensure basic human
rights and dignity for sex workers across the country.
• Rajneesh Kumar Pandey & Ors. versus Union of India & Ors. (2021),
the Supreme Court passed a detailed judgment containing several
directions (which are applicable pan-India) for imparting inclusive and
quality education to children with special needs (‘CwSN’).

PIL and Types of Cases

The range of issues in PILs has been very broad. It extends from compassion
to animals and privileges of tribal people and fishermen, to the eco-system of
the Himalayas and forests, eco-tourism, land use patterns and problems
facing a village due to ecological damage.

1. Labour Rights
a. In the Bandhua Mukti Morcha, the Supreme Court put the burden
of proof on the respondent stating it would treat every case of forced
labor as a case of bonded labor unless proven otherwise by the
employer.
b. In the Asiad Workers judgment case, Justice P.N. Bhagwati held that
anyone getting less than the minimum wage can approach the

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Supreme Court directly without going through the labor

commissioner and lower courts.
2. Consumer Rights
a. Swami Achyutanand Tirth v. UOI SC while dealing with issue of milk
adulteration gave guidelines to ensure better implementation of
FSSA, 2006.

3. Democratic Reforms
a. In a PIL filed by Association for Democratic Reforms, in 1991, SC
required disclosure of criminal background of electoral candidates.
b. In a PIL filed by PUCL, SC allowed for NOTA to be a separate button
on EVMs.
4. Environmental Rights
a. (MC Mehta Case) Oleum Gas Leak case: conditions laid down under
which industries of hazardous products would be allowed to operate.
In a later judgment principles on which compensation was to be
granted. Hence evolved new jurisprudence of absolute liability in
case of pollution by industries undertaking hazardous and
dangerous activities.
b. In Sludge’s case (‘Indian Council for Enviro- Legal Action v. Union of
India’, when the people in a village suffering from lethal waste left
behind by a group of chemical industries were asked to be given the
compensation by such industries by the Supreme Court, the Court
applied the ‘Polluter’s Pay Principle’.
c. The ‘Precautionary Principle’ came to be directly applied in M. C.
Mehta v. Union of India, for protecting the Taj Mahal in Agra from
air pollution. Expert studies proved that emissions from coke/coal
based industries in the vicinity of Taj Mahal had damaging effect on
Taj Mahal.
d. Laborers engaged in the asbestos industry were declared to be
entitled to medical benefits and compensation for health hazards
which were detected after retirement by the Honorable Supreme
Court in ‘CERC v. Union of India’.
e. Directions to raise environmental awareness (MC Mehta Case) and
direction to State Government and Education Boards to take step
for environmental education.

Nature of Relief Granted under PIL

• Declaring Rights without Granting Relief

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A discernible trend in the various orders passed by the courts in PIL cases,
is the dissociation of 'relief and 'rights'. In some cases the courts have
granted the relief but have not declared the rights of the parties. In others,
they have merely declared rights, while not granting adequate relief. For
example, In Olga Tellis Vs. Bombay Municipal Corporation (AIR 1986 SC
180) the court held that the right to life in Art 21 also'included a right to
livelihood. Hence while the courts declared rights, which no doubt formed
the basis of subsequent PILs, the actual relief given in the cdses was
confined to a prior notice before eviction, for the pavement dwellers

• Granting Relief Without Declaring Rights

The Courts, by issuing interim orders, have in several cases granted the relief
sought without rendering the final judgement. For example, in Hussainara
Khatoon Vs. State of Bihar (AIR 1979 SC 1360) the court gave various interim
orders with regard to under-trial prisoners and those under protective custody
and thus granted the relief sought without rendering the final Judgement.

• Appointment of Commissions
The Courts have, in several cases, set up commissions to investigate a
particular matter, propose remedial reliefs and monitor its implementation.
Commissions were appointed by the Court in various cases like M.C. Mehta
Vs. GO1 (AIR SC 965) Bandhua Mukti Morcha Vs. GO1 (AIR 1984 SC 802),
Olga Tellis vs. Bombay Municipal Corporation (AIR 1986 SC 180).

Boon or Bane

1. In Public Interest Litigation (PIL) vigilant citizens of the country can find
an inexpensive legal remedy because there is only a nominal fixed court
fee involved in this.
2. Further, through the so-called PIL, the litigants can focus attention on
and achieve results pertaining to larger public issues, especially in the
fields of human rights, consumer welfare and environment
3. However, the development of PIL has also uncovered its pitfalls and
drawbacks. As a result, the apex court itself has been compelled to lay
down certain guidelines to govern the management and disposal of PILs.
And the abuse of PIL is also increasing alongwith its extended and
multifaceted use.
4. Misusing PIL and filing trivial petitions to accomplish the selfish and
personal motives of individuals. Courts have made it clear that it is not
personal interest litigation but litigation for the benefit of the public.

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5. Unreasonable delay in disposal of matters of the poor, needy, and

economically backward defeats the purpose of PIL.
6. The courts may overlook the problem of competing rights. For example,
if a court orders the closing of a polluting chemical factory, it will
infringe on the rights of workers in the factory due to loss of livelihood.
7. While determining issues of socio-economic importance or
environmental problems, there is a chance that courts may
inadvertently commit judicial overreach through PILs.
8. There may be cases where the PIL may affect the right of persons not
before the court, and therefore in shaping the relief the court must
invariably take into account its impact on those interests and the court
must exercise greatest caution and adopt procedure ensuring sufficient
notice to all interests likely to be affected.

Legal Aid, Public Interest and Judicial Responsibility

One of the basic functions of the Constitutional Courts is to declare the
constitutional validity of the laws in force. However, for achieving the
constitutional mandate the paradigm shift has taken place which is helping
to widen and extend their arm. Interestingly,the concept of judicial review is
not expressly designated in Constitution nor in any statue in India.
Nevertheless, the various judgments of the Supreme Court and High Courts
unhesitatingly recognized the concept of judicial review as an essential
ingredient of basic structure of the Constitution.

PYQs

1. Public Interest Litigation (PIL) in India, of late, has been used not only
to represent the unrepresented and weak but also to advance the
interest of others. Comment on the recent trends relating to the
application, use and misuse of PIL in India. (150, 10m)

In Public Interest Litigation (PIL) vigilant citizens of the country can find an
inexpensive legal remedy because there is only a nominal fixed court fee
required to be paid. This is a judicial intervention which has eased rules of
locus standii and allowed persons other than those who are directly aggrieved
to approach the court on behalf of others in public interest to protect public/
collective rights. This has been used in the fields of human rights, consumer
welfare and environment

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CLD Notes DE Facto IAS PIL

However, the development of PIL has also uncovered its pitfalls and
drawbacks. As a result, the apex court itself has been compelled to lay down
certain guidelines to govern the management and disposal of PILs.

Misusing PIL

• Filing trivial petitions to accomplish the selfish and personal motives

• Unreasonable delay in disposal of matters of the poor, needy, and
economically backward defeats the purpose of PIL and overburdening of
Courts.
• Judicial overreach in legislative/ executive matters

There may be cases where the PIL may affect the right of persons not before
the court, and therefore in shaping the relief the court must invariably take
into account its impact on those interests and the court must exercise
greatest caution and adopt procedure ensuring sufficient notice to all
interests likely to be affected.

2. “Public interest litigation has played a very crucial role in protection of

environment in India".Elucidate and illustrate with the help of decided
cases. (15m)

PIL is a judicial innovation which has diluted the principles of locus standii
and allowed public spirited individuals to approach the court in public
interest on behalf of others. This has been used to defend and protect the
environment as a whole because of the unique approach, in the following
matters

• (MC Mehta Case) Oleum Gas Leak case: conditions laid down under which
industries of hazardous products would be allowed to operate. In a later
judgment principles on which compensation was to be granted. Hence
evolved new jurisprudence of absolute liability in case of pollution by
industries undertaking hazardous and dangerous activities.
• In Sludge’s case (‘Indian Council for Enviro- Legal Action v. Union of India’,
when the people in a village suffering from lethal waste left behind by a
group of chemical industries were asked to be given the compensation by
such industries by the Supreme Court, the Court applied the ‘Polluter’s
Pay Principle’.
• The ‘Precautionary Principle’ came to be directly applied in M. C. Mehta v.
Union of India, for protecting the Taj Mahal in Agra from air pollution.
Expert studies proved that emissions from coke/coal based industries in
the vicinity of Taj Mahal had damaging effect on Taj Mahal.
• Laborers engaged in the asbestos industry were declared to be entitled to
medical benefits and compensation for health hazards which were detected

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CLD Notes DE Facto IAS PIL

after retirement by the Honorable Supreme Court in ‘CERC v. Union of

India’.
• Directions to raise environmental awareness (MC Mehta Case) and
direction to State Government and Education Boards to take step for
environmental education.

3. "Public interest litigation is not in the nature of adversary litigation but

it is a challenge and opportunity to the Government and its officers to
make basic human rights meaningful to the deprived and vulnerable
sections of community to assure them social and economic justice
which is the signature tune of our Constitution.” Discuss. (30)

PIL is a judicial innovation which has diluted the principles of locus standii
and allowed public spirited individuals to approach the court in public
interest on behalf of others. This has been used to defend and protect the
environment as a whole because of the unique approach, in the following
matters.

Normal litigation is adversarial where one party is against the other party. But
PIL is a non-adversarial system which involves the pursuit of truth. Supreme
Court in People's Union for Democratic Rights v. Union of India stated this
unique position where there is no dispute between the two and rather it is a
collaborative & investigative litigation to see proper implementation of basic
human rights.
The court acts as an

1. Ombudsman: and receives the complaint against responsible

government officials
2. Investigator: seeks information, appoints experts and goes to the root
of the matter to understand ground realities.
3. Forum: provides a platform for discussion and relief through interim
orders
4. Mediator: to provide unique solutions keeping in mind the interest of
all.

The Court has come to the rescue of marginalized & needy

• In the Bandhua Mukti Morcha, the Supreme Court put the burden of
proof on the respondent stating it would treat every case of forced labor
as a case of bonded labor unless proven otherwise by the employer.
• In the Asiad Workers judgment case, Justice P.N. Bhagwati held that
anyone getting less than the minimum wage can approach the Supreme
Court directly without going through the labor commissioner and lower
courts.

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CLD Notes DE Facto IAS PIL

• Swami Achyutanand Tirth v. UOI SC while dealing with issue of milk

adulteration gave guidelines to ensure better implementation of FSSA,
2006
• (MC Mehta Case) Oleum Gas Leak case: conditions laid down under
which industries of hazardous products would be allowed to operate.
In a later judgment principles on which compensation was to be
granted. Hence evolved new jurisprudence of absolute liability in case
of pollution by industries undertaking hazardous and dangerous
activities.

Hence, in its various roles as ombudsman, investigator, forum and

mediator there is a unique challenge and opportunity before the Court to
operationalize the rights of the people and make government action
effective through creative problem solving and a hand's on approach

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